EEO Compliance TrainingEEO Compliance Training for Managers and Supervisors

Presented by

R WilRay WilsonEEO Specialist

OLearning Objectives

Briefly review and discuss major anti-discrimination laws.

Increase awareness of workplace harassment, including types not always obviousnot always obvious.

Learn techniques for identifying and preventing workplace discrimination, harassment, and retaliation.discrimination, harassment, and retaliation.

Review and understand the significant aspects of the agency’s reasonable accommodation procedures.

Understand the significant stages in the federal sector EEO complaint process, including the option of ADR.

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Rationale for EEO Compliance Training EEO is the law. As agents

for the DA supervisors bearfor the DA, supervisors bear legal responsibilities.

EEO training for federal managers and supervisors ismanagers and supervisors is required.

EEO case law is constantly changingchanging.

Economic and moral imperative: ignorance results in costly complaints loss ofin costly complaints, loss of productivity, and poor morale.

We are here to help!

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We are here to help!

The VisionThe VisionEEO and Diversity are separate but

symbiotic functions essential to the success ofsymbiotic functions essential to the success of the DA as a high-performing organization

EEOEEO Set of laws and policies

that mandate all individuals’ rights to equal

Diversity Proactive efforts to promote

inclusiveness and respect individuals rights to equal employment opportunity, irrespective of race, color, sex, sexual orientation,

differences in the workforce, which reflect the changing profile of our world.

national origin, religion, age, disability, or participation in protected EEO activity

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EEO activity.

Anti Discrimination La sAnti-Discrimination Laws Equal Pay Act of 1963 (EPA):Equal Pay Act of 1963 (EPA):

Protects men and women who perform substantially equal work from sex-based wage discrimination.

Title VII of the Civil Rights Act of 1964:Prohibits discrimination based on race, color, sex, religion, national origin and retaliationnational origin, and retaliation.

The Age Discrimination In Employment Act of 1967 (ADEA):Protects employees and job applicants who are 40 years of age or older from employment discrimination based on age.

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Anti Discrimination LawsAnti-Discrimination Laws The Rehabilitation Act of 1973:The Rehabilitation Act of 1973:

Applicable sections prohibit discrimination in federal employment against qualified individuals with disabilities.

Also requires employers to provide reasonable Also, requires employers to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment.

The Civil Rights Act of 1991: The Civil Rights Act of 1991: Provides right to a jury trial and monetary damages in cases

of employment discrimination. The NO FEAR ACT (Effective Oct 1 2003): The NO FEAR ACT (Effective Oct. 1, 2003):

Prohibits discrimination and retaliation against federal workers for participating in EEO process or whistle-blower activities

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activities.

Anti-Discrimination Laws

The Genetic Information Nondiscrimination Act of 2008: Prohibits use of genetic information in health insurance

and employment.and employment.

The Lilly Ledbetter Fair Pay Act of 2009:The 180 day statute of limitations for filing an equal pay The 180-day statute of limitations for filing an equal-pay lawsuit resets with each new discriminatory pay check.

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Theories of DiscriminationTheories of DiscriminationThe courts and the U.S. Equal Employment q p yOpportunity Commission (EEOC) have identified a number of discrimination theories in adjudicating EEO complaints:

Disparate Treatment Adverse Impact Harassment/Hostile Environment Harassment/Hostile Environment Retaliation

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Workplace HarassmentWorkplace Harassment

Harassment is any unwelcome verbal or physical conductbased on race, color, sex (regardless of whether it is sexual in nature), sexual orientation, national origin, age, disability, or retaliation that is so offensive as to alter the condition of the victim’s employment.

This standard is met when: The conduct culminates in a tangible employment

action, oract o , o The conduct is sufficiently severe or pervasive as to create

a hostile work environment.

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Hostile Work EnvironmentHostile Work Environment A hostile work environment is created by unwelcome conduct

h i ithat is severe or pervasive. The key issues are frequency and severity. The more

severe the conduct, the less frequent it must be to rise to the level of a hostile environment The less severe thethe level of a hostile environment. The less severe the conduct, the more frequently it must occur to constitute a hostile environment.

The conduct must be viewed as objectionable not only from j ythe standpoint of the victim/target but also from the perspective of a “reasonable person” in similar circumstances. A i th k l it thi t f h t Anyone in the workplace can commit this type of harassment: a supervisor or manager, co-worker, or even a non-employee.

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Agency LiabilityFor Harassment by Management Official

An agency is automatically liable for harassment by a An agency is automatically liable for harassment by a management official that results in a tangible employment action regardless of whether upper management had knowledge of it.knowledge of it.

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Agency LiabilityFor Harassment by Co-workers

If harassment by a co-worker creates a hostile environment If harassment by a co-worker creates a hostile environment, the agency is liable if it knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

Example of co-worker harassment: When a female complains about the vulgar language and jokes that routinely fill the break room, her male co-workers tell her to, “lighten up and get use to it because that’s how the boys behave ”get use to it, because that s how the boys behave. Do you think that management should have known of the

objectionable conduct that occurred in the break room? Discuss the potential agency liability Discuss the potential agency liability. How would you as the manager handle this situation?

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Pre enting Workplace HarassmentPreventing Workplace Harassment Avoid initiating or participating in any behavior that may be g p p g y y

misconstrued as possible harassment, including the following types of behavior: Verbal: unwelcome comments, yelling, offensive jokes

t ior stories; Visual: offensive pictures, photos, cartoons, posters

calendars, magazines or objects; Physical: unwelcome touching hugging kissing Physical: unwelcome touching, hugging, kissing,

stroking, ogling or suggestive gestures; Written: unwelcome letters, notes or e-mails of a

personal naturepersonal nature.(please note that participation in or acquiescence to

objectionable behavior does not necessarily mean that the behavior is welcome)

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Preventing Workplace HarassmentPreventing Workplace Harassment

Avoid sexual, racial, ethnic, cultural, age/disability related g yjokes, epithets, comments, and e-mails.

Respect a person’s indication that conduct or attention is not welcome.

Do not invade another individual’s personal space Do not invade another individual s personal space. Clearly inform those engaging in offensive behavior that you

find it objectionable. Report observed instances of behavior that you believe qualify

as harassment.

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Religious Harassment

Religious harassment is discriminatory treatment based on a person’s:

Affiliation with a particular religious group; Affiliation with a particular religious group;

Display of physical or cultural traits commonly associated with a particular religion;

Perception or belief that someone else is a member of a religious group (whether true or not);

D th l l i t d ith ti l Dress or other apparel commonly associated with a particular religion; and

Association with a religious person, individual or organization.

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Under Title VII, an agency has the duty of reasonable

Religious Accommodationg y y

accommodation for sincerely held religious beliefs and practices unless to do so would cause an undue hardship.

Examples of religious accommodations: Examples of religious accommodations: Work schedules - The most likely accommodation

to be requested is flexibility in the regular work schedule to participate in some religious practice

Allowing employee to make up hours Granting leave for religious observances Granting time or place to pray

Allowing religious dress Allowing religious dress Not scheduling or holding meetings on religious

days of observance Honoring dietary requirements at meetings or g y q g

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Supervisor’s Responsibilities For Harassment Prevention

Treat allegations seriously and confidentially. Do not ignore g y y gany allegation.

Be proactive, monitor workplace behaviors. Post/disseminate EEO Policy.

Respond to allegations immediately Respond to allegations immediately. Investigate, as appropriate, and document.

Be sensitive but impartial. Interview parties and relevant witnesses Interview parties and relevant witnesses. Ask open-ended questions. Collect relevant documentation/evidence.

Take appropriate corrective action, follow-up.a e app op ate co ect e act o , o o up Report allegations to EEO. Ensure no retaliation. Document your actions.

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RetaliationRetaliation There are three essential elements of any retaliation claim.

Protected activity: (i.e., participation in the statutory complaint process or opposition to discrimination);

Adverse employment Action: Demonstrating that the l ’ ti i ti “ ll i ht h di d demployer’s action in question “well might have dissuaded

a reasonable employee from making or supporting a charge of discrimination”; and

A causal connection between the protected activity and A causal connection between the protected activity and the employer’s action(s).

Typically, the link between a protected activity and the Typically, the link between a protected activity and the challenged employer action is established if the action follows shortly after the protected activity. And if the individual that undertook the challenged action had prior knowledge of the protected acti it

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protected activity.

Policy on Reasonable AccommodationPolicy on Reasonable Accommodation

It is the policy of the DA to provide equal opportunity to all p y p q pp yqualified individuals with disabilities in accordance with the Rehabilitation Act of 1973 and to fully comply with all other legal and regulatory requirements.N lifi d i di id l ith di bilit b d i d th No qualified individual with a disability may be denied the benefits of a program, training, or activity conducted, sponsored, funded, or promoted by the DA, or otherwise be subjected to discrimination.subjected to discrimination.

To this end, reasonable accommodations will be provided to qualified individuals with disabilities, unless doing so poses an undue hardship on the Agency.

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fRequests for Accommodation

An employee can request reasonable accommodation from his/her supervisor; another supervisor or manager in the immediate chain of command.

An employee’s representative, medical provider, or family member may request a reasonable accommodation on behalf of the employee.

Once the request has been made to a manager or supervisor, that individual should immediately acknowledge the request.

The supervisor or manager should then review evaluate and make a The supervisor or manager should then review, evaluate and make a decision within the timeframes and in accordance with the US Army procedures for Providing Reasonable Accommodations for Individuals with Disabilities.

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Modifying Work SitesModifying Work Sites

Providing ReadersProviding Readersand InterpretersAccessible Facilities

REASONABLE REASONABLE ACCOMMODATIONACCOMMODATIONACCOMMODATIONACCOMMODATION

(Reassignment is the accommodation of last resort.)(Reassignment is the accommodation of last resort.)

Assistive

ModifyingWork

Schedules Devices

Flexible Leave Schedules

Schedules

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Reasonable AccommodationS per isor’s ResponsibilitiesSupervisor’s Responsibilities

Engage in interactive process, do not delay. When possible, accommodate – consistent with

Congressional intent specified in ADAAAA. More employees/applicants will now qualify for reasonable p y pp q y

accommodations under the new ADAAAA. Do not request medical documentation unless necessary. Maintain medical documentation separately Maintain medical documentation separately. Consult with EEO, Employee Relations, Labor Relations, or

SJA for guidance.

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Federal Sector Complaint Process: Informalp(Under 29 CFR 1614)

Occurrence

45 days

Counselor Contact

Traditional Alternative

30-90* days

Traditional Counseling

Alternative

Dispute Resolution

(ADR)

Notice of Rightto File Formal

Resolved Resolved

2315 days * Maximum time for

counseling/ADR.

Federal Sector Complaint Process: FormalNotice of RightNotice of Rightto File Formal

15 daysCl i A t d

Formal Complaint FiledClaims Accepted and/or Dismissed

180-360** daysA t d Cl i I ti t dAccepted Claims Investigated

Report Issued

30 days Final AgencyDecision Requested

EEOC Hearing & AJ Decision Requested Decision RequestedDecision Requested

180 daysFindings andConclusions

40 daysFinal Agency

Action/Decision 60 days

30 days** Maximum

ConclusionsIssued

30 days

Appeal to EEOC/MSPB

90 or 180 days***180 days

investigation time

*** 90 days to file civil action after decision; 180 days if no

90 days

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90 or 180 days

Federal District Court

180 days if no decision received.

Complaint Process S i ’ R ibilitiSupervisor’s Responsibilities

Treat all complaints seriously and confidentially.p y y Make sure that notices for the timely filing of a discrimination

complaint are prominently posted in the workplace. Attempt to resolve complaints at the earliest stage i e the Attempt to resolve complaints at the earliest stage, i.e., the

informal stage. Participate in mediation at any stage of the complaint process.

Cooperate with EEO officials and investigators throughout the Cooperate with EEO officials and investigators throughout the complaint process.

Respond to requests for information and documents in a timely and accurate mannertimely and accurate manner.

Do not engage in behavior that may be viewed as retaliatory or obstructive to the complaint process.

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Best PracticesF S i d MFor Supervisors and Managers

Set example (managers are role models).B ibl (h “ d li ”) Be accessible (have an “open door policy”).

Communicate regularly with staff (reiterate EEO policies in meetings).

Monitor workplace behaviors (enforce respect in the Monitor workplace behaviors (enforce respect in the workplace).

Investigate complaints promptly (consult with EEO). Expand recruitment efforts through outreach (not

f )preferences). Maintain accurate Position Descriptions (use valid selection

criteria). Use diverse interview panels in the hiring process Use diverse interview panels in the hiring process.

o Use standardized questions (no medical/personal).o Take notes/quantify responses/use matrix.o Review process for equity and consistency.

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p q y yo Keep records/document.

OLearning Objectives

Briefly review and discuss major anti-discrimination laws.

Increase awareness of workplace harassment, including types not p , g ypalways obvious.

Learn techniques for identifying and preventing workplace discrimination, harassment, and retaliation.

Review and understand the significant aspects of the agency’s bl d ti dreasonable accommodation procedures.

Understand the significant stages in the federal sector EEO complaint process including the option of ADRcomplaint process, including the option of ADR.

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Fort Gordon EEO Staff

Mrs. Barbara Owens – EEO Officer Mrs. Barbara Owens EEO Officer Ms. Sheila James – EEO Specialist Mrs Kay Williams – EEO Specialist Mrs. Kay Williams EEO Specialist Mr. Ray Wilson – EEO Specialist

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EEO Compliance Trainingfor Managers and Supervisors

Promoting equity, diversity and inclusion in the workplace top

build a stronger DA.

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